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(영문) 서울남부지방법원 2014.11.14 2014고정2976
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual representative of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and is a user who operates software development business using 30 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working in charge of system development from the Daegu Suwon-gu Dnam University F to December 17, 2013 to March 26, 2014 under the jurisdiction of the above workplace.

A retired G's total of KRW 1,928,250 on February 2, 2014, and KRW 1,928,250 on March 3, 2014, did not pay KRW 809,240 on February 2, 2014 within 14 days from the date of retirement when the cause for the payment occurred without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to the employment contract, business registration certificate, confirmation certificate, transfer certificate, and rapid contribution ledger;

1. Article 109 (1) and Article 36 of the Labor Standards Act applicable to criminal facts and Articles 109 (1) and 36 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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